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Cases Thomas Grant

Trac Time Control Ltd v Moss Plastic Parts Ltd (T/A Rowan Plastic Parts Centre) & others (2004)

Judgment Date: 30 Sep 2004

A supplier of polycarbonate mouldings to be used as housings for lights had breached express terms in its contract with a manufacturer and implied terms under the Sale of Goods Act 1979 where it had used material that did not conform to the specification required by the manufacturer. Where defects were not patent and obvious and the manufacturer had had no reason to suppose them present, he had not been negligent in failing to detect them.

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Aldi Stores Ltd v Holmes Buildings Plc & Ors (2003)

Judgment Date: 01 Dec 2003

The Part 20 claimant's procedural error did not amount to an abuse of process so there were no grounds for refusing it permission to amend its pleadings.

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Sweetman v Nathan (2003)

Judgment Date: 25 Jul 2003

A finding in previous proceedings that the defendant had obtained a loan by fraudulent misrepresentation by him and his solicitor did not prevent him from suing his solicitor for negligence and the judge had been wrong to strike out his claim against his solicitor's partners on grounds of issue estoppel and abuse of process.

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Professor Brian Clarke v Marlborough Fine Art (London) (Ltd) & Ors (2002)

Judgment Date: 18 Jan 2002

Expert opinion from a lawyer specialising in art law was not likely to provide the court with material assistance in determining the issues of liability in an action concerning alleged breach of fiduciary duty owed by a gallery to an artist.

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Hart Investments PLC v Burton Hotels Ltd (2001)

Judgment Date: 23 Oct 2001

In a successful appeal from an order for possession, the trial judge had incorrectly construed an option to renew a lease as if it expressly provided that the deadline for service of the option notice was the expiry of the contractual term. Further, the trial judge should have allowed the tenant to amend its defence to plead an alternative case that there had been a grant of a new periodic tenancy.

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Starmark Enterprises Ltd v CPL Distribution Ltd (2001)

Judgment Date: 31 Jul 2001

Time was of the essence in relation to the service of a tenant's counter-notice under a rent review clause which deemed the reviewed rent to be that specified in the landlord's trigger notice if such a counter-notice was not validly served. Mecca Leisure Ltd v Renown Investments (Holdings) Ltd (1984) 49 P&CR 12 was wrongly decided.

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Members
Thomas Grant QC

Practice areas
Real Estate

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